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Ex. NH-026 Order Primary source read

Emergency Order #65

An order authorizing assessments of civil penalties against businesses, organizations, entities, property owners, facility owners, organizers, and individuals who violate emergency orders

Governor Christopher T. Sununu · New Hampshire (State)

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The record

Jurisdiction
New Hampshire
Level
State
Authority
Executive Order 2020-04 sec. 18 as extended by Executive Orders 2020-05 through 2020-16; RSA 21-P:47
Issued
2020-08-13 Aug. 13, 2020
Effective
2020-08-13
End
2021-06-11 (end of the emergency) (read as 2021-06-11)
In force
Aug. 13, 2020 to June 11, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitation types
Workplace rulesOther
Addressees
  • any business, organization, entity, property owner, facility owner, organizer or individual
Functions reached
  • all functions subject to the Emergency Orders and the mandatory guidance
Collection
New Hampshire NH

Operative words

1. Violations of any Emergency Order, rule, or regulation issued under the State of Emergency are subject to the penalty provision under RSA 21-P:47. 2.... subject to injunctive action brought by the State seeking compliance. 3. Any business, organization, entity, property owner, facility owner, organizer, or individual that recklessly violates any Emergency Order, rule, or regulation issued under the State of Emergency shall be subject to civil penalties of up to $1,000 for each violation or day that a violation continues.... 5. The Division of Public Health (DPH), working through its staff or local health officers, shall take necessary enforcement actions for violations of the Emergency Orders, including imposing civil penalties or immediately closing an event, activity, business, entity, organization, facility, or property. 6. Civil penalties may be imposed for the following: a. Failure to comply with any Emergency Order, rule or regulation issued under the State of Emergency and enforced by DPH; the fine shall be $2,000 per day; b. Failure to cooperate in an investigation... $1,000 per day; c. Failure to cease operations upon notification of DPH to do so... $1,000 per day; and d. Failure to comply with DPH instructions after notification of a positive COVID-19 test result... $1,000 per day.

Enforcement

This is the enforcement instrument: RSA 21-P:47 misdemeanor; injunction; civil penalties; DPH closure authority; Attorney General settlement authority

Notes

Makes the Universal Guidelines and every sector guidance 'rule or regulation issued under the State of Emergency' enforceable by fine and closure.